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Florida Administrative Code (Last Updated: November 11, 2024) |
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62. Department of Environmental Protection |
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62B. Beaches and Coastal Systems |
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62B-54. Administrative Fines And Damage Liability |
1(1) The provisions of Rules 662B-54.002 7and 862B-54.003, 9Florida Administrative Code, are not mutually exclusive and may be utilized concurrently.
21(2) Fines and damages shall be imposed and collected by the Department pursuant to Sections 36161.052, 37161.053, 38161.054, 39Florida Statutes, and the Florida Administrative Procedures Act, Chapter 120, Florida Statutes. Nothing in this rule chapter shall be construed to preclude the Department from bringing suits or taking action as is otherwise lawfully authorized including directing appropriate restoration activities against any person or the agent of any person who has been found to have violated the provisions of Chapter 161, Florida Statutes.
102(3) Upon discovery of a violation, the Secretary of the Department or his/her designee shall issue a notice to suspected and known violators giving notice of the violation. Such notice shall be served on the violator by certified mail, return receipt requested; actual delivery; or by personal service; and shall identify the provision of law or rule alleged to have been violated. The notice shall include a brief statement of the facts constituting the alleged violation.
178(4) Upon determination that the violation is considered a minor violation pursuant to Section 192120.695(2)(b), 193Florida Statutes, the Department shall issue a notice of noncompliance as a first response to that minor violation.
211(5) Upon determination that a fine or assessment of damage is warranted, the Secretary of the Department or his/her designee shall issue a final order to the violator demanding payment to the Ecosystem Management and Restoration Trust Fund within 21 days of receipt. If payment is not received by the Department within such 21 day period the fine shall become a lien upon the real and personal property of the violator, enforceable by the Department as a statutory lien pursuant to Section 293161.054, 294Florida Statutes.
296Specific Authority 298161.052, 299161.053, 300161.054 FS. 302Law Implemented 304161.052, 305161.053, 306161.054 FS. 308History-New 3-20-00.
